BASANTI BARMANI ALIAS BESHI BARMANI Vs. SHAMBHU BARMAN

JUDGEMENT

(1.) This appeal is directed against the award dated 27th April, 2001 passed by the learned Judge of the Motor Accident Claim Tribunal, Uttar Dinajpur at Raiganj in M.A.C. Case No. 198/1998.

(2.) The appellant herein has challenged the finding of the learned Tribunal in respect of annual income of the victim. The learned Tribunal assessing the compensation adopting the notional income as mentioned in para 6 of the second schedule, that is, to say Rs. 15,000/- per annum. The aforesaid notional income for compensation is applicable only to those who had no income prior to accident.

(3.) The learned Counsel of the appellant referring to the evidence on record submits that in the present case it has not been established that the victim has no income prior to accident. The evidence adduced by P.W. 1 and 2 clearly suggest that the deceased had no income prior to his accidental death.